International Law in Action explains the functions of each international court and tribunal present in The Hague, and it looks at how these institutions address contemporary problems. On the basis of selected cases, and through interviews with judges and lawyers, you will explore the role of these courts and tribunals and their potential to contribute to global justice.
The first module of the course will investigate how judicial settlement is different from other more political forms of dispute settlement, such as negotiation and mediation. It offers a brief historical overview and introduces the judicial and arbitral bodies based in The Hague. In the remaining modules you will learn about the functions of these courts and tribunals, and some of the challenges and prospects that they face. Three cross-cutting themes tie together all of these modules: (i) The interaction between law and politics; (ii) The continuing role of State consent; and (iii) The ability of international courts and tribunals to protect the public interest and global values.
This course offers you an opportunity to gain a better insight into the functions and features of the courts and tribunals present in The Hague. You will gain a familiarity with each court or tribunal. You will develop realistic expectations of their capacity to address contemporary problems and an awareness of their limitations. You will also be able to discuss some of their most prominent cases.
If you would like to have a better understanding of international law in action in The Hague, this is definitely the course for you!
This course is free to join and to participate in. There is the possibility to get a verified certificate for the course, which is a paid option. If you want a certificate, but are unable to pay for it, you can request financial aid via Coursera

審閱

SR

The course was extremely informative with a holistic perspective on the functioning of various international courts as well as special courts addressing international law issues.

AM

Jan 27, 2017

Filled StarFilled StarFilled StarFilled StarFilled Star

I loved this course. Videos are very clear and well structured that for me (with non-law degree) was very easy to follow and systemize my knowledge. Thank you very much.

從本節課中

The Arbitration of International Disputes

This week, we will explore the world of international arbitration. More specifically, we will focus on the Permanent court of arbitration, inter-state arbitration and investor-state arbitration. Through our videos, you will discover the history and characteristics of arbitration and you will understand how its functioning is impacted by the dynamics at play within the international and domestic societies. You will also come to realize the importance of public interests in the disputes settled through arbitration and you will learn how they are taken into account in international arbitration.

教學方

Larissa van den Herik

Cecily Rose

Yannick Radi

腳本

Welcome, I am Yannick Radi. I am assistant professor in international law at the Grotius Center for International Legal Studies of Leiden University. I will introduce you to the world of international arbitration. Arbitration is one of the two legal means to settle international disputes, together with judicial settlement. Judicial settlement is characterized especially by the fact that a dispute settled by a standing tribunal, like the International Court of Justice, which is discussed in module two. Contrary to judicial settlement, arbitration is designed by the parties to the dispute. Which can choose, for instance, the arbitrators and the law applicable to the settlement of the dispute. However, there exist permanent institutions that can assist arbitration tribunals in the settlement of disputes. Such is the role of <br>the Parmanent Court of Arbitration that I will introduce in this video. When was it created? What is precisely this institution? What is its purpose? And which are the organs that compose it? These are the main questions that we will discuss together in this video. The Permanent Court of Arbitration, that I will call the PCA from now on, is an intergovernmental organization<br> that was established in 1899 during the first Hague Conference convened by Czar Nicolas II of Russia. And more precisely, by the Convention on the Pacific<br> Settlement of International Disputes. This convention, together with the 1907<br> Convention on the Pacific Settlement of International Disputes that revised it, constitute the basic documents of the PCA. The PCA is older than the International Court of Justice, and even older than the Permanent Court of International Justice. In fact, the PCA is the oldest universal mechanism established to settle inter-state disputes. In your view, what is this mechanism? Here you should be cautious not to be misled by the name of this institution. First of all, the PCA is not a court, at least not in the same sense as the International Court of Justice. It is a permanent administrative framework and not permanent body with sitting judges which rules over dispute itself. The disputes that the parties have expressly agreed to submit for settlement under the auspices of the PCA are settled by ad hoc arbitration tribunals. This means that for each new dispute submitted, a new tribunal is appointed. The PCA is facilitating the work of these ad hoc tribunals. Second of all, contrary to what its name suggests, the PCA not only administers arbitration, but also conciliation and fact finding. Two methods of dispute settlement<br> that are introduced in module one. Concerning arbitration, what is exactly the function of the PCA? In fact, the PCA offers a wide range of registry services in The Hague and around the world. Depending on the request of the parties or of the tribunals, the services can involve communication services, logistical and technical support for meetings and hearings, travel arrangements, as well as general secretarial and linguistic support. In addition to registry services, the PCA can act as an appointing authority of arbitrators. All these services are provided by the Secretary General and the International Bureau that he leads. Together with the Administrative Council,<br>and the Members of the Court,<br>they compose the PCA. The Administrative Council of the PCA, which is made of the member states' diplomatic representatives accredited to the Netherlands, oversees the policy and<br>the budget of the PCA. The court is also made of what is called the Members of the Court. It is composed of potential arbitrators, who can be appointed by the parties to the disputes submitted to the PCA. However, being listed as a Member of the Court does not mean that one will act as an arbitrator. This all depends on the will of the parties to the dispute or on the Secretary General, who can decide to appoint as arbitrators, individuals who are not listed<br> as a Member of the Court. Whoever composes arbitration tribunals, what do you think is the object of the disputes that they settle? And who are the parties to these disputes that are settled under the auspices of the PCA? The object of the disputes submitted for resolution at the PCA are very diverse, as evidenced by past disputes. They relate, for instance to territorial and boundary delimitations, human rights, commercial or investment issues. As to the parties, most of the disputes settled under the auspices of the PCA are both states, or a state and a foreign investor. So inter-state and investor-state disputes<br>are pre-eminent in the docket of the PCA. More generally, those disputes are representative of most of the disputes the world has settled through arbitration. In this video, you have learned about the history, the function and the organization of the Permanent Court of Arbitration. You have also discovered that inter-state <br>disputes and investor-state disputes are the main type of disputes settled under the auspices of the PCA. Precisely because of this preeminence, we will be focusing on these two types of disputes in the upcoming videos. I look forward to continuing with you this journey through the arbitration of international disputes. Thank you for watching.